section 5 Limitation Act 1908
Article 120, 199 Constitution of Pakistan
Suit for maintenance for four year till the period of iddat – appellate court upheld the judgment of trial court – defendant contended that past maintenance allowance could not be granted for more than a peiod of three years – validity – defendant remained out of country during last five years of marriage leaving behind the family and visited the country only twic – nothing was brought on record to unsettle the factual controversies and the findings of the courts below – No period of limitation was prescribed under the limitation Act 1908 filing suit for maintenance allowance and was governed by article 120 of the limitation Act 1908 which provided period of six years for filing and suit for which no period of limitation was prescribed – constitutional petition was dismissed for being within merit.
2011 MLD 1012 Lahore
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